Law360, New York (May 16, 2013, 1:02 PM EDT) -- A rising tide of whistleblower claims mixed with increased judicial impatience towards government requests for additional time to investigate has spawned a new procedural development in qui tam actions under the False Claims Act. The U.S. Department of Justice, faced with an impressive backlog of whistleblower complaints, has begun to consent to the unsealing of FCA cases without a formal determination of whether or not it will intervene in the cases. As a result, whistleblowers are proceeding with qui tam matters while the government waits in the wings, reserving its ability to join the case at a later date. This development places defendants and relators in a peculiar position as they litigate with one eye on the case in front of them and one eye on the government....
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